I received a 5-day quit or pay notice, if I pay it can I still be evicted?

UPDATED: Apr 11, 2011

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I received a 5-day quit or pay notice, if I pay it can I still be evicted?

I was injured back and explained all of this to my landlord. My lawsuit has now been settled and I will be able to pay off what is owed to my landlord. Can he still evict me ?

Asked on April 11, 2011 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends--can you pay the rent before the trial or court date on your eviction (the next step, after the notice to quit, for the landlord to take you to court to get an eviction if you do not pay or leave by the end of the notice period). If you can pay before the landlord takes you to court and gets a judgment in his favor, then you can't be evicted; but if you can't pay by then--if all you have is a promise of future payment at some point in the future--then you can be evicted; the landlord is *not* obligated to wait for you to have funds avaiable at some future date.

This does not mean that you can't talk to the landlord and get him to agree  to a payment plan or future payment--just that he does not have to agree, and you do not have a right to pay him in the future.

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